The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-09-22

same rules winch pertain 10 the property
rights of the citizen. Cooley Const.
Linn, p. 647.)
This property belongs to the state for
special uses. The legislature in 1879 APP
propriated it exclusively for two purposes,
and the legislature of 1887 has vested the
commissioner of the general land office
with power to lease or sell the school part,
and to lease that which belongs to the
state debt fund. To these ends he is ex-
pressly vested with full power and au-
thority, and by the concurrence of the
goverl or, is required to adopt regulations
so as to protect the public interest (sec-
ton y. He is also commanded to have
the lands sectioniZed, described, classified
and plated (seelon ~. Thus, speaking
through the legislature, the state has de-
clared its policy, made known its desires,
piven its orders, and has vested the land
commissioner with full power to act
What is lacking in the laws perfection, he
is commanded to supply by suitable reg
ulations, which have the effect of law
20 Texas, 1881. When he does this CON
sistently with the law under which he acts,
his disposition of those lands will be
binding upon the state. In directing
him to sectio, ize, classify, and plat those
lands, the legislature intended that the
commissioner should use the means neces
sary therefor. To do this he must survey
and segregate them. This accomplished
1T Is bat consistent with his duties, un der
the powers conferred, to designate the
even and odd sections, according to Gus
tom, rOte, and number, as Public School
and estate Debt" lands, agreeable to ap-
proved regulations so as to protect the
public INTEREST,"" which of course Is equal
IN each fund to which the lands respect
lively belong. To stop short of this the
commissioner would be powsrless to even
lease the unsurveyed lands required OF
him to be SO let by the provisions of said
act, which would thereby defeat one Of the
main objects of the law.
Therefore, under the firm conviction OF
the business OF the title of Texas to Greer
county, upheld, justified and supported
by her long adverse, IN disturbed posses
sion and occupancy of it, best des the
abundar ce of documentary and paro
proof, resting upon treaties, maps, sur
veys, tradition, and public official de-
clarations of dominion over and owner
ship of it produced before the Boundary
Commission" of 1885 6, which in every
way strengthen this claim; and view Of
the further facts that this state tries the
citizens thereof for offerses against hel
laws; derives taxes from them to support
the governments; acknowledges it Is HI
integral part of herself, and as such has
authorized and accepted its organization
into county with full set Of qualified
officials; and is fully able and willing in
every way to defend her claim to it, and
out of public policy as we'll as from prin-
ciples of justice, to hold her vendees
harmless to the last dollar which she may
receive for the sales of them, and to refund
to all her lessees every cent that may be
recovered from them by any power on
account of their possession of these lands
under her; and interpreting the land law
of 1887 so as to give effect to the evident
intention of the legislature; accepting the
language thereof in its natural, ordinary
sense; considering it in the light of the
mischief it was designed to remedy, to-
gether with the implied powers thereby
conferred necessary to accomplish its pri-
mary objects,you are hereby most respect
fully advised:
First-That you are authorized to have
said lands surveyed.
Second-That you are authorized to
designate the school lands thereof.
Third-That you are authorized to sell
the said school lands.
Fourth-That you are authorized to
lease all the lands in that county.
With great respect, and sincere wishes
for good results from your administration
of the Greer county public lands,
Your obedient servant,
j. s. HoGG,
Attorney-Genrral